Key points
- Purported fragments from commission's report says Lt Gen (retired) Faiz Hameed acted on directions of federal cabinet and approval from COAS Gen (retired) Qamar Javed Bajwa and the then ISI chief to "resolve the situation".
- Former PM Shahid Khaqan Abbasi, members of his cabinet and other key government officials in their statements, apparently did not blame any individual or organisation for being involved in organising or facilitating the Faizabad dharna.
- Abbasi took responsibility for all omissions and commissions of actions by the government, except for those carried out as a consequence of orders issued by the Islamabad High Court (Justice Shaukat Aziz Siddique) to conduct a police operation to clear Faizabad of protesters on November 25, 2017.
- The government of Punjab remained evasive and weak, and had they acted firmly at the beginning of the crisis, the situation would not have come to such a point.
- The commission allegedly compared the government's decision to allow members of TLYRA to proceed to Islamabad and stage a protest to past peace agreements with violent terrorists and insurgents such as Baitullah Mehsud, Naik Muhammad, Hafiz Gul Bahadur, Maulana Sufi Muhammad etc.
A commission formed to probe the weeks-long sit-in at Faizabad in Islamabad in 2017 has given a clean chit to the former Director General (DG) of the Inter-Services Intelligence (ISI), Lt General Faiz Hameed.
While the commission tacitly equated the protesters to terrorists and called for reopening cases against suspects, it admitted the government had asked the ISI to broker a peace agreement with the protesters as a last resort. However, it ultimately shifted blame for the protest onto the Punjab government, led by Shehbaz Sharif - then the provincial chief minister, and described his handling of the situation as evasive and weak.
Purported fragments from the commission's report which surfaced on Tueday allegedly tacitly confirmed as correct the decision by the then federal government not to act aggressively against protesters for fear of widespread violence in the wake of limitations of its security forces and draw out the protests until they concluded peacefully.
The commission, headed by Dr Syed Akhtar Ali Shah and comprising former IGP Tahir Alam and Additional Secretary Interior Khushal Khan, has submitted its report on the Faizabad Dharna to the federal government.
Alleged sections of the report that have surfaced said that the role of the then Punjab government in keeping themselves away from the issue and letting protesters of TLYRA (Tehreek-e-Labbaik Ya Rasul Allah) enter Islamabad without any resistance due to fear of threats to their lives and apprehension of losing their vote bank could not be appreciated. This was an omission of duty to enforce the law, thus a misconduct. Therefore, those found in omission may be taken to task.
Some critical questions that the commission was tasked with probing in its Terms of References (TORs) were about who sponsored the TLYR protest in Islamabad and on whose directions were review petitions filed against the Faizabad Dharna judgement by the Supreme Court. It is hoped that the report answers these critical questions once the federal government decides to make the report public.
The commission observed that the Maj Gen Faiz Hameed (who later retired as a Lt Gen) and DG (C) at the ISI at the time, had signed the agreement on behalf of the security establishment while acting as a mediator between the parties (government and the TLYRA), adding that this act was committed with permission from the then ISI chief and then Chief of Army Staff (COAS) General (retired) Qamar Javed Bajwa.
These facts were echoed by the minutes of the meeting of November 22, 2017, held under the chairmanship of the then prime minister Shahid Khaqan Abbasi, where clear directions were given to the DG(C) to resolve the matter after carrying out negotiations with TLYRA's leadership.
Former PM Shahid Khaqan Abbasi, members of his cabinet and other key government officials in their statements, apparently did not blame any individual or organisation for being involved in organising or facilitating the Faizabad dharna. No other evidence was brought forward to connect any organisation or state official's role in supporting TLP and organising the dharna.
Abbasi took responsibility for all omissions and commissions of actions by the government, except for those carried out as a consequence of orders issued by the Islamabad High Court (Justice Shaukat Aziz Siddique) to conduct a police operation to clear Faizabad of protesters on November 25, 2017.
The commission has purportedly said that based on available records, it appears the protest took place more due to the lack of courage and conviction of leaders handling the issue, particularly the government of Punjab. This is why both the provincial and federal governments "dithered " in tackling the issue at the initial stage—when the demands were first made and a call for protest was first issued.
The record purportedly suggests differing stances adopted by the federal government and the government of Punjab regarding the issue.
In particular, it reportedly stated that PM Shahid Khaqan Abbasi initially persuaded the Punjab government to contain the protest within its territorial domain, but the then chief minister, Shehbaz Sharif (currently prime minister), advised letting them proceed to Islamabad.
Shehbaz was of the view that if then law minister Zahid Hamid resigned, it could have brought the issue to an early close, while PM Abbassi held an opposing view, thus causing a delay in the resolution of the matter.
The report purportedly claims that the operation undertaken by the police and other law enforcement agencies once again exposed their limited capabilities in Punjab and Islamabad, including coordination, intelligence gathering, and anti-riot tactics, leading to a breakdown of the civil administration.
The upshot of the above discussion is that the government of Punjab remained evasive and weak, the report has purportedly stated in fragments which have surfaced, adding that had they acted firmly at the beginning of the crisis, the situation would not have come to such a point.
The commission allegedly compared the government's decision to allow members of TLYRA to proceed to Islamabad and stage a protest to past peace agreements with violent terrorists and insurgents such as Baitullah Mehsud, Naik Muhammad, Hafiz Gul Bahadur, Maulana Sadiq Noor, Maulana Abdul Khaliq, Maulana Sufi Muhammad, Muslim Khan, Ali Bakht, Maulana Muhammad Amin, Mehmood Khan and Nisar Khan. These insurgents sought to set up parallel governments and fiefdoms, which required the state to undertake grand operations in regions such as Swat, North and South Waziristan and Khyber regions to dislodge them and restore the state's writ.
The commission has purportedly recommended that the Constitution draw boundaries within which all organs of the state must function and determine the rights and duties of the state and citizens. Thus, laws, rules, and policies must be in sync with the Constitution.
The commission reportedly observed that it is high time the government ensures peace and security to access fundamental rights. It suggested the government craft a Counter Violence Strategy.
"For this, a group of persons from academics, civil servants (operational and policy level) having served in terrorism afflicted areas, and public representatives may be formed."
The government was urged to take steps to promote a culture rooted in constitutionalism, human rights, democracy, and the rule of law.
The commission has purportedly expressed its view that countering terror financing falls within the domain of all those state organs, fighting terrorism. The commission had been specifically tasked with ascertaining support (including financial) provided to TLYRA.
"Since terrorism directly affects the security of the country and has been declared as an existentialist threat, therefore, choking of finances to terrorists is most essential."
It further recommended that all law enforcing agencies, including intelligence agencies, evolve a system where an effective check is maintained.
It called for 'suitably' amending the Pakistan Electronic Media Regulatory Act (PEMRA) Act and the composition of the Council of Complaints to be reconstituted with significantly higher punishments.
"The minimum punishment for broadcasting inflammatory material leading to violence or hatred may be suspension of license for a period of six months and a minimum fine of Rs10 million and maximum of Rs50 million."
The commission reportedly recommended that the Islamabad Capital Territory (ICT) may be given the status of a province with full administrative and financial authority with an object to improve its effectiveness and efficiency (curiously, this has been a longstanding demand for another part of Pakistan).
Although Islamabad has a network of closed-circuit television cameras (CCTV), the Special Branch personnel covering events should be given video and audio recording devices as well as cameras, it added.
The commission purportedly observed that multiple forces doing the same job within a territorial jurisdiction nullify the concept of unity of command.
"Therefore, there must be one force, that is police, to deal with issues of law and order." However, the commission went on to indirectly critique the government's decision to deploy paramilitary forces such as the Rangers and the Frontier Constabulary as backup for the police during the Faizabad Dharna.
"The resources spent on others may be diverted to Islamabad Police. Rangers and Frontier Constabulary have been raised for patrolling border areas. Therefore, their use in urban areas may be avoided."
It further added that Punjab Police and Islamabad Police should update the list of those involved in acts of terror and other crimes during the 21-day-long sit-in so that cases against them may be re-opened.
"The investigation of the cases should be processed and taken to a logical conclusion in accordance with law."
The commission expressed its opinion that the solution lies in the implementation of points of the National Action Plan. Omission in this regard would be considered as misconduct on part of the officials and violation of oath on part of other public office holders.
The commission also observed that the prime minister and the ministers do not have clear and defined authority. The judgement in the Mustafa Impex case, it observed, has further diluted the executive authority of the prime minister. Wherever the word Government occurs, the issue has to be referred to the cabinet for orders. This results in delay of decisions or indecision. Therefore, the judgement may be re-visited.
"Under the existing Rules of Business, the federal secretary is the administrative head and Principal Accounting Officer. As such the minister does not have an effective authority."
Therefore, the commission recommended, Rules of Business may be amended suitably in order to give him or her the authority with an aim make him or her responsible.